HELIX WATER DISTRICT Setting standards of excellence in public service

AGENDA SPECIAL MEETING OF THE BOARD OF DIRECTORS

Wednesday, January 11, 2017 - 6 p.m. 7811 University Avenue, La Mesa, CA 91942-0427

Assistance for those with disabilities: If you have a disability and need accommodation to participate in the meeting, please call Board Secretary Sandra L. Janzen at (619) 667-6232 for assistance so the necessary arrangements can be made.

OPEN MEETING

1. Call Meeting to Order and Roll Call

2. Approval of Agenda (Additions and/or Deletions)

PUBLIC COMMENTS

3. Opportunity for Members of the Public to Address the Board on any Item under the Subject Matter Jurisdiction of the District Public Comment Procedure: This is the time set aside for those wishing to address the board on matters not on the posted agenda which are under the subject matter jurisdiction of the district. No action may be taken by the board except to set the matter presented for the next regular board meeting. State your name, topic and provide the secretary with a request to speak form so you can be properly included in the consideration of the item. Please limit your comments to three minutes so a// who wish to speak can be heard. The board is not permitted during this time to enter into a dialogue with the speaker.

ACTION ITEM

4. The Board Adopt Resolution 17-03 Rescinding Resolution 15-16 and Re­ Establishing the Regular Board Meeting Dates and Time of the Helix Water District Board of Directors, Effective February 1, 2017

DISCUSSION

5. The Board Discuss Potential Procedural Options for Filling the Vacancy Created by the Resignation of Director Luis P. Tejeda and Provide Direction to Staff

ADJOURNMENT

All public records relating to an agenda item on this agenda are available for public inspection at the time the record is distributed to all, or a majority of all, members of the board. Such records shall be available at the district office located at 7811 University Avenue, La Mesa, California.

Special Meeting of the Board of Directors Helix Water District Wednesday, January 11, 2017 - 6 p.m. Page #2

Certification of Posting I certify that on January 6, 2017, I posted a copy of the foregoing agenda near the

regular meeting place of the Helix Water District Board of Directors, said time being at least 24 hours in advance of the special meeting of the board of directors (Government Code §54954.2).

Executed at La Mesa, California, on January 6, 2017.

HELIX WATER DISTRICT Setting standards of excellence in public service

TO:

FROM:

INITIATED BY:

DATE:

SUBJECT:

HELIX WATER DISTRICT Setting standards of excellence in public service

BOARD REPORT Board of Directors

Carlos V. Lugo, General Manager~ -G" <h..,.,-(os ~~ C>

Lisa L. Stoia, Director of Administrative Services~ Sandra L. Janzen, Board Secreta~

January 11, 2017

Resolution to Change the Board Meeting Schedule

Strategic Focus Area:

Customer Service

Recommendation:

The board adopt Resolution 17-03 rescinding Resolution 15-16 and re­ establishing the regular meeting dates and time of the Helix Water District Board of Directors, Effective February 1, 2017.

Background:

During the January 4, 2017 board meeting, staff was directed to prepare a resolution for board consideration on January 11, 2017, re-establishing a new time for the regular board meetings.

The board discussed changing the regular board meetings from 2 p.m. to 6 p.m. on the first and third Wednesday of each month and also suggested that the Committee of the Board meeting remain at 3 p.m. on the fourth Wednesday of each month. General Manager Carlos V. Lugo stated the 3 p.m. Committee of the Board meeting will provide opportunity for employee service award presentations to continue to take place during business hours.

On March 4, 2015, the board adopted Resolution 15-16 establishing the dates and times of the regular board meetings of the board of directors at 2 p.m. the first and third Wednesday of each month, with the addition of a third regular board meeting on the fourth Wednesday of each month at 3 p.m. to adjourn by 5 p.m.

It is recommended that the board adopt Resolution 17-03 to effectuate the desired meeting time change and direct the board secretary to publish the resolution once a week for two consecutive weeks in a local newspaper. In doing so, the Helix Water District Board of Directors will adhere to the requirements set forth in the Irrigation District Law (Water Code Section 20500 et seq.); Ralph M. Brown Act (Government Code Section 54950 et seq.) and district policies and procedures. If the board chooses to approve Resolution 17-03 at the January 11, 2017 board meeting, the schedule change will be effective February 1, 2017.

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RESOLUTION 17-03 OF THE BOARD OF DIRECTORS OF HELIX WATER DISTRICT RESCINDING

RESOLUTION 15-16 AND RE-ESTABLISHING THE REGULAR MEETING DATES AND TIME OF THE HELIX WATER DISTRICT BOARD OF DIRECTORS,

EFFECTIVE FEBRUARY 1, 2017

WHEREAS, the Helix Water District Board of Directors has held its regular monthly meetings on the first and third Wednesday of each month at 2 p.m. at the district offices located at 7811 University Avenue, La Mesa, California, 91942 as adopted by the board of directors in Resolution 15-16; and

WHEREAS, the board of directors seeks to change the time of the regular meetings to the dates and time specified in this resolution, below; and

WHEREAS, the board of directors desires to continue holding the Committee of the Board meetings on the fourth Wednesday of the month at 3 p.m. at the district offices; and

WHEREAS, Water Code Section 21378 provides that the board of directors may change its meeting date and time by resolution entered upon its minutes; and

NOW THEREFORE, BE IT RESOLVED, that the board of directors approves the following:

Section 1. Commencing in the month of February 2017, the regular meetings of the Helix Water District Board of Directors shall be held twice per month on the first and third Wednesday of each month at 6 p.m. in the district boardroom located at 7811 University Avenue, La Mesa, California, 91942.

Section 2. The Committee of the Board meeting shall continue to be held on the fourth Wednesday of the month at 3 p.m. and to adjourn by 5 p.m. in the district boardroom located at 7811 University Avenue, La Mesa, California, 91942.

Section 3. The board secretary is hereby directed to publish Resolution 17-03 once a week for two successive weeks in a newspaper published in San Diego County.

Section 4. Resolution 17-03 shall be effective February 1, 2017, following the publication provided for in Section 3 above.

Section 5. Resolution 17-03 shall rescind Resolution 15-16, which established the regular meeting dates and time of the board of directors.

APPROVED, ADOPTED AND SIGNED this 11th day of January 2017, by the following vote:

AYES:

NOES:

ABSENT:

Joel A Scalzitti, President ATTEST:

Sandra L. Janzen, Secretary

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TO:

FROM:

DATE:

SUBJECT:

HELIX WATER DISTRICT Setting standards of excellence in public service

BOARD REPORT

Board of Directors

Elizabeth Wagner Hull, General Counsel

January 11, 2017

Discussion regarding process to fill Board vacancy and provide direction to staff

Recommendation:

The board discuss potential procedural options for filling the vacancy created by the resignation of Director Tejeda and provide direction to staff.

Background:

On December 30, 2016, Luis P. Tejeda, a recently elected Director on the Board of Directors for Helix Water District ("District"), emailed Board President Joel Scalzitti informing the Board that he was resigning effective immediately. His resignation creates a vacancy in the Director position for Division One of Helix Water District, which will need to be filled.

At the January 4, 2017 meeting, the Board made the findings and voted unanimously to direct staff to inform the Country Registrar of Voters of the vacancy as required by Government Code Section 1780. General Counsel sent the notice of vacancy to the Registrar on January 6. Also, at the January 4 meeting, the Board directed staff to schedule a special meeting to discuss the procedural requirements for filling a vacancy on the Board.

Discussion

Generally there are two options available to the Board for initially filling the vacancy­ either by appointment by the Board or by calling an election. The Board must complete either option within 60 days of the effective date of the resignation. Otherwise, the decision-making authority will be turned over to County Board of Supervisors, or the Board could be required by statute to call an election.

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During the general discussion at the January 4 meeting, the Board indicated a reluctance to hold a special election to fill the vacancy. The Board expressed concern about holding an election so quickly after the completion of the last general election. Staff has requested an estimate of the potential cost for a special election from the Registrar of Voters but that information will not be available until after January 17.

Also during the general discussion at the January 4 meeting, the Board discussed using either an application process followed by an appointment or a direct appointment process. Whichever appointment process is used, the statutory provisions regarding noticing must be complied with prior to acting on the appointment. Below is a brief description of the process to appoint and potential schedules for implementing the appointment.

Process for appointment with application process: 1. Identify the date of the board meeting for making the appointment. 2. Post the notice of vacancy for at least fifteen days prior to making the appointment

(Gov Code§ 1780(d)(1).) 3. Identify the time frame for accepting applications. 4. District staff collects applications, verity's eligibility of applicants and provides

information to Board members. 5. Board determines process for reviewing applications/conducting interviews. 6. Board takes action in open session with the appointee receiving not less than three

affirmative votes. 7. Once an appointment is made, the county elections official must be notified within

fifteen (15) days of the appointment. (Gov. Code§ 1780(d)(1).)

Potential schedule for appointment with application process:

Jan. 18,2017 Board directs posting of notice of vacancy, sets application eriod, sets date for conductin a ointment recess

Feb. 2,2017

Jan. 19,2017 Jan. 19,2017

Feb.3,2017

Feb.6, 2017 Feb. 7,2017

Process for direct appointment (without application process) 1. Identify board meeting for making the appointment. 2. Post notice of vacancy for at least fifteen days prior to making the appointment (Gov

Code§ 1780(d)(1 ).) 3. At the identified meeting, Board determines process for conducting interviews and

staff verifies eligibility of applicants. 4. Board takes action in open session and the appointee must receive three affirmative

votes. 60076 00001\29471968 1

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5. Once an appointment is made, the county elections official must be notified within fifteen (15) days of the appointment. (Gov. Code§ 1780(d)(1 ).)

Potential schedule for appointment without application process:

Jan. 18,2017 Board directs posting of notice of vacancy and sets date for conductin a ointment rocess

Jan. 19,2017 Feb.3,2017 Feb.6,2017 Special meeting to conduct appointment process

During meeting staff will need to verify eligibility of those resent wishin to be considered for a ointment.

Feb. 7,2017

Under either scenario, the Board could adjust the time periods provided that no appointment may be made prior to the close of the 15 day period following the posting of the notice vacancy.

Based upon the resignation date of December 30, 2016, the Board must make an appointment within 60 days of the effective date of the resignation or February 28, 2017. Otherwise, the decision-making authority will be turned over to County Board of Supervisors, or the Board could be required by statute to call an election. Because the vacancy occurred in the first half of Director Tejeda's term and at least 130 days prior to the next general district election, the person appointed to fill the vacancy would serve until the next general district election in 2018. Once an individual has been elected and qualified to serve at that election, the elected individual would serve for the balance of the term of office. (Gov. Code§ 1780(d)(2).) through 2020.

Recommendation:

Staff recommends the Board discuss the procedural options for filling the vacancy created by Director Tejeda's resignation and direct staff to return at the January 18 meeting with appropriate implementing actions to either 1) fill the vacancy by election; 2) fill the vacancy by appointment following an application period; or 3) fill the vacancy by direct appointment without an application period.

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